Menstrual leave: how the Socialist Party's bill ultimately failed in the Senate

Des règles douloureuses qui touchent 15 % des femmes. Midi Libre – SYLVIE CAMBON

Cette proposition de loi ambitionnait d'instaurer un arrêt de travail spécifique en cas de règles douloureuses. Au Sénat, la droite et le centre ont voté contre. Explications.

206 votes against, 117 for.

This was the verdict rendered in the Senate this Thursday, February 15, after the vote relating to the proposed law of the socialist elected officials which aimed to: to establish a specific work stoppage in the event of painful periods.

In detail, the text tabled by PS senator Hélène Conway-Mouret (within the framework of her party's parliamentary niche) therefore provided for the creation of sick leave which would not ;would not have exceeded two days per month (within the limit of twelve days in the year) for women confronted with cases of dysmenorrhea (including endometriosis), menstrual pain.

A leave already in place in Japan or Spain

The system submitted to the vote of the tenants of the upper house also envisaged removing the waiting period (i.e. the guarantee of compensation by Social Security from the first day), and the possibility offered to the employees concerned to telework (or even adapt their tasks).

"Last year, Spain, Japan and South Korea adopted a law creating a legal framework for that these women who suffer from painful periods can stop for one or two days while being taken care of" also recalled the PS senator from Hérault Bourgi, co-signatory of this bill.

"Risks of discrimination in hiring"

An insufficient set of arguments to influence the will of elected officials from the right and the center to oppose this text. And this despite compromise amendments tabled by certain centrist elected officials. An opposition which was expressed within the framework of lively exchanges ("but always courteous, we are in the Senate" underlined Senator Bourgi), and which relied on very varied arguments which sometimes had difficulty fully convincing.

Like those raised by Frédéric Valletoux, Minister Delegate for Health, who expressed reservations about the questions of & quot;preserving confidentiality", and "risks of discrimination in hiring".

Related senator Les Républicains Béatrice Gosselin said she feared "unwanted side effects", such as "the invasion of the privacy of the person", or its cost for Social Security, as well as the reported AFP.

A subject put "in the public arena"

Hélène Conway-Mouret, at the end of these debates sanctioned by a failure for the initiative she supported, nevertheless saw in it a reason for ;optimism, believing that they have at least made it possible to "put a social issue in the public square".< /p>

"We have lost the opportunity in the Senate, not to be ahead of society, but simply to support its developments. It's regrettable for the Senate and for women who will still have to wait", regretted, less cheerfully, another socialist senator, Laurence Rossignol, rapporteur of the text.

To the National Assembly to play ?

It remains to be seen what follow-up will now be given to this aborted attempt ? Similar texts have already been submitted by left-wing deputies to the National Assembly this time.

A new path to find to adopt this menstrual leave which is already tested in several companies or communities on French territory. "Where no abuse has been noted, as indicated by the human resources departments of these companies or communities" underlined Hussein Bourgi this Friday, February 16.

Awareness kits

In the hemicycle, the minister also made, as indicated by Public Senate, a first announcement on this subject, mentioning the preparation of "awareness kits for businesses". They will be distributed from March.

But, concluded Hussein Bourgi, "it is a shame to leave these women in a form of solitude, rather than protecting them. It's incomprehensible: Emmanuel Macron himself who launched a national strategy to fight endometriosis. It was one of the rare times where a head of state spoke about this hitherto taboo subject. But the strategy stops halfway. Prevention is good, but we have to go as far as treatment." 

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